SERVICE LEVEL AGREEMENT

MAKE THE MOVE (PTY) LTD t/a MAKE THE MOVE

Registration number: 2022/725139/07

1. INTERPRETATION

In this Agreement:

Clause headings are for convenience and shall not be used in its interpretation.

1.1 “The Company” means Make The Move (Pty) Ltd means “Make The Move” and also means “Make The Move”;

1.2 “Candidate” means the “Work seeker” as defined in the Skills Development Act No. 97 of 1998 or the persons to whom the company’s Clients may be introduced with a view to entering into contracts of employment;

1.3 “Client” means an “Employer” as referred to in the Basic Conditions of Employment Act No.75 of 1997;

1.4 “Employment” means all and any work of whatsoever nature or description undertaken and carried out by a Candidate on behalf of a Client and whether such work is undertaken by such Candidate in his personal capacity or in a representative capacity and without derogating from the generality of the afore going, undertaken on behalf of a corporation, company, partnership or association;

1.5 “Agent” means a person or Company acting on behalf of another person or group.

1.6 “VAT” means the Value Added Tax in terms of the Vat Act No. 89 of 1991.

1.7 “Agreement” means this Service Level Agreement which outlines the terms and conditions, the terms of reference and any amendments reduced to writing and signed by all relevant parties.

1.8 “Contractors” means Candidates that receive a Fixed Term Duration of Employment Contract from a Client, as opposed to a Permanent Appointment.

1.9 “Introduction” means the solicited or unsolicited introduction of a Candidate to the Client by the Company by means of inter alia:

1.9.1 Forwarding a resume/curriculum vitae of the Candidate to the Client,
1.9.2 Arranging an interview between the Candidate and the Client;
1.9.3 Receipt by the Client of a resume/curriculum vitae of the Candidate delivered by the Company by, inter alia, ordinary mail, registered mail, e‐mail, hand delivery or any other means;

1.10 “Total Cost to Company” means the Candidate’s remuneration package in cash or in kind together with all fringe benefits, such as but not limited to, the cost of a Medical Aid, Pension Fund, Provident Fund, Entertainment, Motor Car or allowance, bonuses, subsidised housing or the provisions of accommodation, restraint of trade payments, commissions and any other guaranteed benefit to be paid to the Candidate during their first year of employment;

1.11 “Days” means calendar days including weekends.

1.12 “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

1.12.1 information relating to the race, gender/sex, pregnancy, marital status, nationality, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
1.12.2 information relating to the education or the medical, financial, criminal or employment history of the person;
1.12.3 identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
1.12.4 the blood type or any other biometric information of the person; the personal opinions, views or preferences of the person;
1.12.5 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
1.12.6 the views or opinions of another individual about the person; and
1.12.7 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
1.12.8 The Client hereby consents to the abovementioned information being obtained and used for the specific benefit and purpose of the Company’s service in order to ensure the best candidates.

2. ACCEPTANCE OF TERMS AND CONDITIONS

In the event of the Client failing to sign these Terms and Conditions, then the interviewing in whatever form (Skype, telephonic, face to face et cetera) or appointing (whether permanent, temporary or of limited duration) of a Candidate within a period of 12 (TWELVE) months, from date of introduction, or subsequent re‐introductions, will be deemed to be acceptance by the Client of these Terms and Conditions and shall be bound thereto.

3. AMENDMENTS

No addition to, variation or consensual cancellation of this Agreement shall be of any force or effect unless reduced to writing and signed by all relevant parties.

4. INTRODUCTION ONLY EFFECTED

The Company is not an employer and carries on business only as an agent for the purpose of affecting introductions between persons desiring to enter into contracts of service.

5. NO LIABILITY FOR CLIENT’S EXPENSES FOLLOWING INTRODUCTION

The company shall not be liable for any losses, damages, costs, claims and demands which the client may incur or sustain in this agreement following any introduction by the company.

6. REQUEST BY CLIENT

The Client undertakes, when making enquiries with the Company, as to potential Candidates, to give full information to the Company as to the nature of the work concerned, the qualifications and experience required of the Candidate, and the probable salary applicable.

7. INTRODUCTION

The Company shall from time to time use its best endeavours to introduce a suitable candidate to the Client pursuant to a direct request by the Client or at the Company’s sole initiative.

8. PLACEMENT

8.1 The Client undertakes to advise the Company immediately as to whether the Candidate is to be appointed or not, and if appointed the intended duration of appointment and the Total Cost to Company attached to the appointment;

8.2 If the appointment is not of a permanent employment nature, the Client shall indicate the period of such engagement.

9. THE COMPANY’S REMUNERATION AND GUARANTEE PERIODS

9.1 No remuneration shall be paid to the Company, until the Candidate is actually appointed by the Client;

9.2 If the Candidate is appointed, the Client shall pay to the Company a fee calculated as a percentage of the Candidate’s Total Cost to Company as follows:

Fee (Excl VAT)    Guarantee Period
15%                     90 (NINETY) days

9.3 Unless specifically agreed otherwise, Employment shall be deemed to be permanent in nature.

9.4 The fee for temporary/hourly/limited duration contracts, unless otherwise agreed in writing, will be calculated as follows:

9.4.1 Contractors Rate will be determined by the duration of The Fixed Term Contract of Employment, as agreed to between the Client and Candidate, at a fee percentage of 20% for example.

9.4.2 Contractor’s Remuneration Rate per hour x Number of hours per day x number of days to be worked per contract of Employment x 20%

= Fee (excluding VAT)

Notwithstanding the above, the Client will be charged a minimum of 60 (SIXTY) hours per month.

9.5 Payment shall be made to the Company by the Client within 30 (THIRTY) days of receiving the Company’s invoice. As far as reasonably possible, invoices are sent out on the Candidates start date, or as soon thereafter as the Company are practically able.

9.6 Should any of the Candidates of the Company be employed directly by the Client within 12 (TWELVE) months of the introduction or reintroduction to the Client, whichever is the latest, regardless as to whether the employment of the Candidate arose directly or indirectly out of the introduction of the Candidate, then the Client shall be liable for a fee in accordance with the normal Terms and Conditions as set out above.

10. BREACH

10.1 Should any party breach any provision of this Agreement (“the defaulting party”) and fail to remedy such breach within 7 (SEVEN) days of receiving written notice from the other party (“the aggrieved party”) requiring it to do so, then the aggrieved party shall be entitled, without prejudice to any other rights that it may have, whether under this Agreement or at law, to cancel this Agreement without notice or to claim immediately specific performance, in either event, without prejudice to the aggrieved party’s right to claim damages.

10.2 Take note that you will be liable for attorney and client legal fees incurred and;

10.3 Interest to be charged from 90 (NINETY) days of invoice date at the highest rate prescribed by government notification in terms of the National Credit Act No. 34 of 2005.

11. GUARANTEE

11.1 The benefits of the Guarantee Period will only apply if:

11.1.1 The placement fee is paid by the Client to the Company within 30 (THIRTY) days from commencement date of employment; and date of invoice whichever is the latter.

11.1.2 7 (SEVEN) Days written notice is given to the Company after termination date or resignation of employee;

11.1.3 The Candidate leaves the employment of the Client by his own volition within the guarantee period of employment, and not by reason of being dismissed by the Client due to technical incompetence, retrenchment, redundancies or unfair dismissals;

11.2 If the Company is not able to source an applicant as per the client’s job specifications/requirements within 30 (THIRTY) days, a Credit Note will be given to the Client based on the following days sliding scale if employment is terminated from date of commencement:

1 – 30 days 80% of placement fee
31 – 60 days 65% of placement fee
61 – 90 days 50% of placement fee

11.3 After 90 (NINETY) days of permanent employment date, the guarantee for permanent appointments becomes invalid, and the Company will not be liable should an applicant’s permanent employment be terminated.

11.4 A Credit Note that has not been utilised after 6 (SIX) months of issue date, will be forfeited;

11.5 Credit Notes/Guarantee Periods only apply to Permanent Placements, and do not apply to Contract/Temporary (TES) Placements;

12. INDEMNITY

Although extreme care and caution is taken by the Company to screen a Candidate, the Company shall not be responsible for any conduct or actions of the Candidate or for financial loss or other loss of whatsoever nature caused by the actions or omissions of the Candidate. Furthermore, the Company shall not be responsible for any errors or omissions concerning information furnished in respect of the Candidate. The Client indemnifies the Company against loss, damages or costs suffered or incurred by the Client, as a direct or indirect consequence of the introduction or procurement of a Candidate.

13. CONFIDENTIALITY

All information provided to the Client concerning the Candidate must be treated in the strictest of confidence and the Client is precluded from contacting in any way whatsoever the Candidate’s past or present employers without the prior written consent of the Company. The Client indemnifies the Company against loss, damages or costs suffered or incurred by the Client as a result of breaching this confidentiality clause.

14. GENERAL

These Terms and Conditions set forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all oral and written agreements and understandings relating thereto. No waiver, alteration, modification, or cancellation of any of the provisions of these Terms and Conditions shall be binding unless made in writing and signed by each of the parties hereto. The Company’s failure at any time or times to require performance of any provision hereof, shall in no manner affect its right at a later time to enforce such provision. These Terms and Conditions shall be binding upon, and inure to the benefit of, the Company and its legal representatives, successors and assigns. If any of the provisions of these Terms and Conditions are determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provisions shall be severed from these Terms and Conditions, and the remaining provisions shall remain in full force and effect; provided, however, that with respect to any material provision so severed, the parties shall negotiate in good faith to achieve the original intent of such provision.

15. ACKNOWLEDGEMENT

15.1 The Client confirms that this agreement embodies the true agreement between them; that they each understand the content of the document and that they each acknowledge the arrangements herein contained as fair to both parties.

No changes to this agreement will be accepted unless agreed to by both parties in writing.

15.2 Kindly take note that in order to comply with regulation 19(12) of the National Credit Act No. 34 of 2005 we can only obtain a Consumer Credit Report on candidates if the position or job requires honesty in the handling of cash or finances.

15.2.1 The Company therefore requires the following in writing from the Client:

15.2.1.1 Confirmation that the Candidate’s position/job will entail handling cash and;
15.2.1.2 Specifically requesting a Consumer Credit Report;
15.2.1.3 This Consumer Credit Report will then be provided at no extra charge to the Client.

16. DOMICILIUM

The Client hereby elects its domicilium citandi et executandi as the address registered on the Companies and Intellectual Property Commissions (CIPC).